Skip to main content

Testimonies of policemen not to be suspected always: SC

There is no absolute command of law that the testimonies of cops should always be viewed with suspicion if public witnesses to an offence do not come forward to depose, the Supreme Court today said.

A bench of justices B S Chauhan and Dipak Misra said the testimony of a cop should not be disbelieved on the ground that that he is a policeman and rather, the deposition be scrutinised on "the principle that quality of the evidence weighs over the quantity of evidence."

"...There is no absolute command of law that the police officers cannot be cited as witnesses and their testimony should always be treated with suspicion.

"Ordinarily, the public at large show their disinclination to come forward to become witnesses. If the testimony of the police officer is found to be reliable and trustworthy, the court can definitely act upon the same," the bench said while referring to various previous judgements.

It said after scrutinising the evidence, the court may disbelieve the testimony of a policeman "but it should not do so solely on the presumption that a witness from the department of police should be viewed with distrust."

The observations came in a verdict rejecting the appeal of Pramod Kumar against his conviction for killing constable Maharaj Singh on March 19, 1999 at Gittorni village here.

Singh along with others had gone to a house at the village to arrest Pramod Kumar, a proclaimed offender who was evading arrest in a criminal case.

The accused, in his bid to flee, first stabbed the cop and then fired at him from his country-made pistol. The constable later died.

The trial court and the Delhi High Court upheld his conviction for various offences including that of murder.

Seeking acquittal, the convict told the apex court that apart from policemen, no independent witness was examined.

He also took the plea that in fact, another policeman had fired at Singh. The pleas, however, were rejected by the apex court.

Article referred: http://www.business-standard.com/article/pti-stories/testimonies-of-policemen-not-to-be-suspected-always-sc-113070100767_1.html

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.